Penalties of Perjury
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Lying under oath is a serious criminal offense in Nevada. Swearing to “tell the truth, the whole truth, and nothing but the truth” and still lying can lead to criminal charges. If you are accused of committing perjury, you should contact a criminal defense attorney immediately.
Definition
In layman’s terms, perjury is lying under oath. In Nevada laws, perjury is when a person takes an oath in a legal court or other proceedings where a statement is legally required and such a person either:
- Deliberately makes an unqualified statement that the person has no knowledge of being true
- Swears consciously and falsely in a matter substantial to the issue or point in question, or
- Suborns another person to make unqualified statements or swear in such a manner or
- Accomplish an affidavit or induce another person for a verification of a pleading that bears false testimony or
- Accomplish an affidavit or any other similar instrument containing false statements before an authorized person.
Other types of perjury also involve making a false complaint in effect of a search or warrant of arrest. Using false names for the same of complaint in effect of a search or warrant of arrest is also considered as perjury.
However, Nevada laws state that a person is not guilty of perjury even if he or she makes a false statement oath if they believe their statement to be true.
Subornation of perjury
Suborning or bribing or inducing someone to commit perjury is the same as committing the crime of perjury yourself.
Defenses
It’s possible that your Las Vegas criminal defense attorney is able to negotiate the perjury charge brought against you down to a lesser offense. A skilled attorney might even help you achieve a full dismissal of your case. But just the same, your criminal defense lawyer has a variety of defenses to use against accusations of perjury:
- The charge of perjury will only be true if the defendant took an oath of bearing true witness and still lied.
- The charge of perjury will only be true if the defendant really intended to lie
- The charge of perjury can be dismissed if the defendant believed he/she was actually telling the truth.
- The prosecution has to present enough evidence to prove the defendant guilty. Failing to do so would acquit the defendant of the perjury charge.
Penalties
Depending on the degree of the charge, here are the following Penalties of Perjury:
Violation of Nevada Perjury Law – Category D Felony
- Imprisonment of 1 to 4 years
- Can be fined up to a maximum of $5,000
Suborning a Perjury – Gross Misdemeanor even without actual perjury
- Imprisonment of one year
- Can be fined up to a maximum of $2,000
Willful Perjury – Category A Felony
- Life imprisonment without parole or
- Life imprisonment with parole after 20 years or
- Imprisonment for 50 years with parole after 20 years
Aside from these penalties, perjury is a criminal offense without possible action on civil cause. Punishment for Perjury can involve a person being held in contempt of court.